Of the ill Consequences of Theftbote, and the Licentiousness of Felons in Newgate. |
Often, when I have spoke against Theftbote, after the same manner as now I have been writing, I have heard Men of Worth and good Sense come into my Sentiments, who yet, after all, would tell me, That if II had lost any Thing myself, they believ'd that I would be glad to have it again with as little Cost and Trouble as I could. This I never denied, and am still willing to own. We are all partial and unfit Judges in our own Cause; but the most that can be made of this, is, That in that Case neither I nor any Body else, that has had any Thing stolen from him, ought to be consulted about the Matter: We are ill qualified, and therefore incapable of determining any Thing rightly concerning it. I have another Reason why this ought to be referred rather to those who never lost any Thing by Thieves and Pilferers, than others who have been Sufferers that Way: Rogues, it is true, have a thousand Stratagems, and a Person may be very careful, and yet have his Pocket pick'd, if ever he appears in the Street, or a Crowd: Yet, if we divide Mankind into two Classes, that the one will be more exempt from those Misfortunes than the other, is undeniable. A Man, who is always upon his Guard in the Streets, and suspects all Crowds; that is temperate in his Liquor; avoids, as much as is possible, unseasonable Hours; never gives Ear to Night-walkers; a Man that abroad is always watchful over himself, and every Thing about him, and at home takes Care of his Doors and Bolts, his Shutters, Locks, and Bars; such a one, I say, is in less Danger than others, who are unthinking, and never mind what Companies they thrust themselves into; or such as will be drunk, go home late in the dark unattended, and scruple not to talk and converse with lewd Women, as they meet them; or that are careless of themselves as well as of the securing and fastening of their Houses. It is evident then which Class would yield the most proper Judges; whom if it was left to, I don't question but the sober, careful, and wiser Part of the Nation would agree, that the Practice in vogue, and Method made use of to recover stolen Goods, even tho' there was no express Law against it, is, on many Accounts, mischievous to the Publick, and visibly destructive to the Interest of honest Property, and our Security in the Enjoyment of it.
There is no greater Encouragement for Men to follow any Labour or Handicraft, than that they are paid as soon as they have done their Work, without any further Trouble. It is from such a Consideration as this, that to encrease the publick Security, the Law not only punishes Stealing, but likewise makes it Felony, knowingly to buy stolen Goods; and moreover perpetuates honest Property, and renders the Right of it inalienable from the injured Owner, who seizes his Goods in what Hands soever he finds them. These two additional Precautions are of admirable Use in hampering common Villains, and strengthening the Law against Theft. From the first, a Rogue, after he has made himself liable to be hang'd, may be still disappointed, and miss his chief Aim; for as Money is what he wants, if no Body will purchase what he offers, he is never the nearer. The Second makes that he is never safe, tho' he is rid of the Goods, and the Money in his Pocket; for tho' they are gone through half a Dozen Hands, as soon as the Right Owner lays Claim to the Things stole, every one is oblig'd to discover where he had them; and by this Means it is seldom difficult to find out the Thief, or the Receiver of stolen Goods. To leap these two Barriers, and free himself at once of the Trouble there is in finding a safe Purchaser, and all Apprehensions of future Danger, a Rogue could not wish or imagine any Thing more effectual than that he might lodge what he has stole in the Hands of the Owner himself, and so receive a Reward for his Pains, and, at the same Time, a Pardon for his Crime, of him, whose Prosecution was the only Thing he had to fear. It is evident then, that the friendly Commerce, and amicable Negotiations, now in vogue, between Thieves and those that are robb'd by them, are the greatest Encouragement of low Villany that can be invented, and as sure a Way to keep up the Breed of Rogues, and promote the Interest of them, as either our Fishery or the Coal Trade are constant Nurseries for Sailors.
I am not ignorant, that in the present Conjuncture, as Cases might be stated, it would be very harsh, and seem to be the Height of Injustice, if we should hinder People from redeeming stolen Goods on all Emergencies whatever. A Man may be vigilant and careful, and his Servants the same, and yet, their Eyes being one Moment turn'd from the Counter, a Shop-Book may be snatched, and carried off, perhaps, a Month before Christmas. This may put a Tradesman of good Business in great Distress: Must he lose it? I say, Yes, if the Publick is to be preferr'd to a private Interest. In the mean time, I know very well what every Body would do in that Case: But that the Whole suffers by the Redemption, I prove thus: Let us say, that this Year twelve Shop-Books are stole, that are all recover'd for two or three Guineas apiece got for them, and no Body punish'd. You may expect that next Year you will have forty or fifty stole, and in a few Years nothing will be more common. And again, let us suppose that last Year an hundred Shop-Books were stole; but, by vertue of some effectual Law for that Purpose, not one redeemed. The Consequence, in all Probability, would be, that the next Year you would hardly have ten Shop-Books stole; and if, thro' the strict Observance of the Law, none of them likewise should be redeem'd, you would hear no more of that Practice.
Besides, when a Man steals what is of no Value but to me, and can have no other View than that I should redeem it, and be his Pay-Master myself, the Felony becomes, in a manner, a compound Action, in which, as soon as I comply, I join with the Thief: And if we consider that the changing of Property from one Man to another, is seldom of any Consequence to the Publick, and that all the Mischief that can befal it from Theft, that is, the Loss of Goods that Way sustain'd by private Persons, consists in this, That those who committed it, gain their Point, and come off with Impunity, let who will be the Thief, or the Receiver; if, I say, we consider these two Things, it will appear, that in the Case I have mentioned, myself, who for my own Ends assisted the Thief with Money, and secured him from Prosecution, had the greatest Share in the Transaction, and consequently was, of the two, the most injurious to the civil Society. Without me the Rogue would not only have been disappointed, but likewise, whilst he continued in Possession of the Thing stole, remained in the perpetual Dread of being prosecuted for what he never had any Benefit from; and it is not probable that a Man who had been twice so served, would ever make such another Attempt.
These Things well deserve the Consideration of wise Men, and I desire the compassionate Part of Mankind to reflect on what daily Experience teaches us of common Felons, and they will easily find out, that unseasonable Pity may prove the greatest Cruelty. The oftner a young Rogue steals with Impunity, the sooner he'll be a thorough-paced Villain, that will venture on more hazardous Undertakings; and the more numerous the Examples of such are, the more loose People will enter into the Fraternity, of which, whether it be great or small, very few ever arrive to a middle Age. Some are cunning enough never to be taken in a Fact; but no Subtlety can save them from the Impeachment of others. A licens'd Practitioner may be skreen'd and protected some Years, if he sticks to Discipline, and pays the greatest Part of his Earnings for his Security; but if he rides resty, and squabbles about the Contribution required of him, he is in a dangerous Way. It is possible that a dextrous Youth may be esteemed, and be a Favourite to the Superintendent a great while; but when he grows very notorious, he is hunted like a Deer, and the Premium on his Head betrays him. He may baffle his Prosecutor, find a Flaw in an Indictment, elude the Force of an Evidence, come off once or twice, be reprieved, break Goal, or be pardoned, the Gallows will be his Portion at last. The Wretch that is train'd up to stealing, is the Property of the Hangman: He can never entirely leave off his Trade: Many, after Transportation, have, with great Hazard of their Lives, found the Way back again to Newgate. A Thief bred must be hang'd if he lives.
From all which appears, what I undertook to prove, That Remissness as to Prosecutions, occasion'd by the bare-faced Compositions of Felony, is one of the grand Causes of that lamentable Complaint, the Frequency of Executions; and should we compare the Droves that are carried to Tyburn for Slaughter, with those others that are sent to Smithfield for the same Purpose, we would find the modern Thief-Catcher subservient to the Executioner in the same Manner, as the wealthy Grazier is to the needy Butcher; and that of the Cattle in either Sense, few are kill'd by the one that were never cherish'd by the other.
I am now come to the second Cause, which is the Treatment Felons receive after they are taken, both in Newgate and their Journey from thence to the Gallows: First, It is wrong to suffer such Numbers of them to be and converse together; for nothing but the utmost Corruption can be expected from a Company of forty or fifty People in a Prison, who, every one of them, singly consider'd, were all the worst of Thousands before they met. Secondly, It is an Encouragement to Vice, that the most dissolute of both Sexes, and generally young People too, should live promiscuously in the same Place, and have Access to one another. For the rest, the Licentiousness of the Place is abominable, and there are no low Jests so filthy, no Maxims so destructive to good Manners, or Expressions so vile and prophane, but what are utter'd there with Applause, and repeated with Impunity. They eat and drink what they can purchase, every Body has Admittance to them, and they are debarr'd from nothing but going out. Their most serious Hours they spend in mock Tryals, and instructing one another in cross Questions, to confound Witnesses; and all the Stratagems and Evasions that can be of Service, to elude the Charge that shall be made against them; or else in reading Lectures on some Branch or other of their Profession, the various Arts and Methods of Stealing, or the Glory, as well as Usefulness of invincible Impudence on all offensive and defensive Emergencies. As villainous Pawn-brokers, and all Receivers of stolen Goods, have good Reasons to be liberal to those they have dealt with, when in this Distress, so no Felons are here in Want, and reduced to the Allowance of the Prison, but Novices and silly Creatures, that have the least deserved to be punish'd; whereas the Veteran Rogues, and such as have been great Traders, are well provided for. This keeps them up in Debauchery; and many, after Condemnation, persist in their riotous Courses, and pampering their Bodies, whilst the Care that is taken of their Souls is very mean. For such is the Noise and Confusion all around them, that even the best dispos'd have not sufficient Opportunities to prepare themselves for another World; and the Helps they receive in Spirituals are, all Things consider'd, no better than the Accounts we have of them after every Session.
Of Execution Day, the Journey to Tyburn, and a Word in behalf of Anatomical Dissections. |
When the Day of Execution is come, among extraordinary Sinners, and Persons condemned for their Crimes, who have but that Morning to live, one would expect a deep Sense of Sorrow, with all the Signs of a thorough Contrition, and the utmost Concern; that either Silence, or a sober Sadness, should prevail; and that all, who had any Business there, should be grave and serious, and behave themselves, at least, with common Decency, and a Deportment suitable to the Occasion. But the very Reverse is true. The horrid Aspects of Turnkeys and Gaolers, in Discontent and Hurry; the sharp and dreadful Looks of Rogues, that beg in Irons, but would rob you with greater Satisfaction, if they could; the Bellowings of half a dozen Names at a time, that are perpetually made in the Enquiries after one another; the Variety of strong Voices, that are heard, of howling in one Place, scolding and quarrelling in another, and loud Laughter in a third; the substantial Breakfasts that are made in the midst of all this; the Seas of Beer that are swill'd; the never-ceasing Outcries for more; and the bawling Answers of the Tapsters as continual; the Quantity and Varieties of more entoxicating Liquors, that are swallow'd in every Part of Newgate; the Impudence, and unseasonable Jests of those, who administer them; their black Hands, and Nastiness all over; all these, joined together, are astonishing and terrible, without mentioning the Oaths and Imprecations, that from every Corner are echo'd a about, for Trifles; or the little, light, and general Squallor of the Gaol itself, accompany'd with the melancholy Noise of Fetters, differently sounding, according to their Weight: But what is most shocking to a thinking Man, is, the Behaviour of the Condemn'd, whom (for the greatest Part) you'll find, either drinking madly, or uttering the vilest Ribaldry, and jeering others, that are less impenitent; whilst the Ordinary bustles among them, and, shifting from one to another, distributes Scraps of good Counsel to unattentive Hearers; and near him, the Hangman, impatient to be gone, swears at their Delays; and, as fast as he can, does his Part, in preparing them for their Journey.
At last, out they set; and with them a Torrent of Mob bursts thorough the Gate. Amongst the lower Rank, and working People, the idlest, and such as are most fond of making Holidays, with Prentices and Journeymen to the meanest Trades, are the most honourable Part of these floating Multitudes. All the rest are worse. The Days being known before-hand, they are a Summons to all Thieves and Pickpockets, of both Sexes, to meet. Great Mobs are a Safeguard to one another, which makes these Days Jubilees, on which old Offenders, and all who dare not shew their Heads on any other, venture out of their Holes; and they resemble Free Marts, where there is an Amnesty for all Outlaws. All the Way, from Newgate to Tyburn, is one continued Fair, for Whores and Rogues of the meaner Sort. Here the most abandon'd Rakehells may light on Women as shameless: Here Trollops, all in Rags, may pick up Sweethearts of the same Politeness: And there are none so lewd, so vile, or so indigent, of either Sex, but at the Time and Place aforesaid, they may find a Paramour. Where the Croud is the least, which, among the Itinerants, is no where very thin, the Mob is the rudest; and here, jostling one another, and kicking Dirt about, are the most innocent Pastimes. Now you see a Man, without Provocation, push his Companion in the Kennel; and two Minutes after, the Sufferer trip up the other's Heels, and the first Aggressor lies rolling in the more solid Mire: And he is the prettiest Fellow among them, who is the least shock'd at Nastiness, and the most boisterous in his Sports. No modern Rabble can long subsist without their darling Cordial, the grand Preservative of Sloth, Jeneva, that infallible Antidote against Care and frugal Reflexion; which, being repeated removes all Pain of sober Thought, and in a little Time cures the tormenting Sense of the most pressing Necessities. The Traders, who vent it among the Mob on these Occasions, are commonly the worst of both Sexes, but most of them weather-beaten Fellows, that have mis-spent their Youth. Here stands an old Sloven, in a Wig actually putrify'd, squeez'd up in a Corner, and recommends a Dram of it to the Goers-by: There another in Rags, with several Bottles in a Basket, stirs about with it, where the Throng is the thinnest, and tears his Throat with crying his Commodity; and further off, you may see the Head of a third, who has ventur'd in the Middle of the Current, and minds his Business, as he is fluctuating in the irregular Stream: Whilst higher up, an old decrepit Woman sits dreaming with it on a Bulk; and over against her, in a Soldier's Coat, her termagant Daughter sells the Sots-Comfort with great Dispatch. The intelligible Sounds, that are heard among them, are Oaths and vile Expressions, with Wishes of Damnation at every other Word, pronounced promiscuously against themselves, or those they speak to, without the least Alteration in the Meaning.
As these undisciplined Armies have no particular Enemies to encounter, but Cleanliness and good Manners, so nothing is more entertaining to them, than the dead Carcasses of Dogs and Cats, or, for want of them, Rags, and all Trompery that is capable of imbibing Dirt. These, well trampled in Filth, and, if possible, of the worst sort, are, by the Ringleaders, flung as high and as far as a strong Arm can carry them, and commonly directed where the Throng is the thickest: Whilst these ill-boding Meteors are shooting thro' the Air, the Joy and Satisfaction of the Beholders is visible in every Countenance and Gesture; and more audibly express'd by the great Shouts that accompany them in their Course; and, as the Projectiles come nearer the Earth, are turn'd into loud Laughter, which is more or less violent in Proportion to the Mischief promis'd by the Fall. And to see a good Suit of Cloaths spoiled by this Piece of Gallantry, is the tip-top of their Diversion, which they seldom go home without enjoying: For tho' no People in their Senses would venture among them on Foot, in any tolerable Dress, yet there are young Rakes of Fortune, who care not what they lavish, or destroy: Of these the maddest sort will often, after a Night's Debauch, mix with Crowds, and thrust themselves in the midst of the most abominable Rabble, where they seldom fail of meeting with such Adventures.
Tho' before setting out, the Prisoners took care to swallow what they could, to be drunk, and stifle their Fear; yet the Courage that strong Liquors can give, wears off, and the Way they have to go being considerable, they are in Danger of recovering, and, without repeating the Dose, Sobriety would often overtake them: For this Reason they must drink as they go; and the Cart stops for that Purpose three or four, and sometimes half a dozen Times, or more, before they come to their Journey's End. These Halts always encrease the Numbers about the Criminals; and more prodigiously, when they are very notorious Rogues. The whole March, with every Incident of it, seems to be contrived on Purpose, to take off and divert the Thoughts of the Condemned from the only Thing that should employ them. Thousands are pressing to mind the Looks of them. Their quondam Companions, more eager than others, break through all Obstacles to take Leave: And here you may see young Villains, that are proud of being so, (if they knew any of the Malefactors,) tear the Cloaths off their Backs, by squeezing and creeping thro' the Legs of Men and Horses, to shake Hands with him; and not to lose, before so much Company, the Reputation there is in having had such a valuable Acquaintance. It is incredible what a Scene of Confusion all this often makes, which yet grows worse near the Gallows; and the violent Efforts of the most sturdy and resolute of the Mob on one Side, and the potent Endeavours of rugged Goalers, and others, to beat them off, on the other; the terrible Blows that are struck, the Heads that are broke, the Pieces of swingeing Sticks, and Blood, that fly about, the Men that are knock'd down and trampled upon, are beyond Imagination, whilst the Dissonance of Voices, and the Variety of Outcries, for different Reasons, that are heard there, together with the Sound of more distant Noises, make such a Discord not to be parallel'd. If we consider, besides all this, the mean Equipages of the Sheriffs Officers, and the scrubby Horses that compose the Cavalcade, the Irregularity of the March, and the Want of Order among all the Attendants, we shall be forced to confess, that these Processions are very void of that decent Solemnity that would be required to make them awful. At the very Place of Execution, the most remarkable Scene is a vast Multitude on Foot, intermixed with many Horsemen and Hackney-Coaches, all very dirty, or else cover'd with Dust, that are either abusing one another, or else staring at the Prisoners, among whom there is commonly very little Devotion; and in that, which is practis'd and dispatch'd there, of Course, there is as little good Sense as there is Melody. It is possible that a Man of extraordinary Holiness, by anticipating the Joys of Heaven, might embrace a violent Death in such Raptures, as would dispose him to the singing of Psalms: But to require this Exercise, or expect it promiscuously of every Wretch that comes to be hang'd, is as wild and extravagant as the Performance of it is commonly frightful and impertinent: Besides this, there is always at that Place, such a mixture of Oddnesses and Hurry, that from what passes, the best dispos'd Spectator seldom can pick out any thing that is edifying or moving.
Here I must observe, that the Possibility of Pardons and Reprieves, that often come very late, and which, with or without Grounds, most Criminals continue to hope for, 'till they are hang'd, is another great Clog, that keeps attach'd to the World those that are less abandon'd, and more relenting than the Generality of them; and who, without that Hindrance, would, in all Probability, prepare themselves for certain Death, which overtakes many whilst they are still doubting of it. The Ordinary and Executioner, having performed their different Duties, with small Ceremony, and equal Concern, seem to be tired, and glad it is over.
The Tragedy being ended, the next Entertainment is a Squabble between the Surgeons and the Mob, about the dead Bodies of the Malefactors that are not to be hanged in Chains. They have suffer'd the Law, (cries the Rabble,) and shall have no other Barbarities put upon them: We know what you are, and will not leave them before we see them buried. If the others are numerous, and resolute enough to persist in their Enterprize, a Fray ensues: From whence I shall take an Opportunity of saying something upon the Occasion of it. I have no Design that savours of Cruelty, or even Indecency, towards a human Body; but shall endeavour to demonstrate, that the superstitious Reverence of the Vulgar for a Corpse, even of a Malefactor, and the strong Aversion they have against dissecting them, are prejudicial to the Publick; For as Health and sound Limbs are the most desirable of all Temporal Blessings, so we ought to encourage the Improvement of Physick and Surgery, wherever it is in our Power. The Knowledge of Anatomy is inseparable from the Studies of either; and it is almost impossible for a Man to understand the Inside of our Bodies, without having seen several of them skilfully dissected. Kings and Princes are open'd, and have their Hearts and Bowels taken out, and embalm'd. It is not then Ignominious, much less offensive to the dead Body, which may be interred with as much Decency, after Dissection, as if it never had been touch'd. But suppose that many of our common Thieves were not to be buried at all, and some of them made Skeletons; and that several Parts of others, variously prepared, should be preserved for the Instruction of Students? What if it was a Disgrace to the surviving Relations of those, who had Lectures read upon their Bodies, and were made use of for Anatomical Preparations? The Dishonour would seldom reach beyond the Scum of the People; and to be dissected, can never be a greater Scandal than being hanged. The University of Leyden in Holland have a Power given them by the Legislature to demand, for this Purpose, the Bodies of ordinary Rogues executed within that Province; but, with us, it is the general Complaint of all Professors of Anatomy, that they can get none to dissect: Where then shall we find a readier Supply; and what Degree of People are fitter for it than those I have named? When Persons of no Possessions of their own, that have slipp'd no Opportunity of wronging whomever they could, die without Restitution, indebted to the Publick, ought not the injur'd Publick to have a Title to, and the Disposal of, what the others have left? And is any Thing more reasonable, than that they should enjoy that Right, especially when they only make use of it for commendable Purposes? What is done for the common Good, every Member of the Society may, at one time or other, receive an Advantage from; and therefore quarrelsome People, that love fighting, act very preposterously and inconsistent with their Interest, when they venture to have their Bones broke, for endeavouring to deprive Surgeons of the Means to understand the Structure of them.
Of the wrong Judgments that are pass'd on the dying Behaviour of Malefactors. |
Having finish'd the Picture I proposed to draw of modern Executions, and the Crowds that usually attend them, I shall make some Remarks on the Judgments that are commonly passed on the dying Behaviour of our ordinary Felons. In a rich and potent Kingdom, where worldly Glory is not in Contempt, and to think meanly of our selves seldom taught by Example, whatever it may be by Precept, nothing is counted more provoking, or less to be born with Patience, than to be called a Coward. The vilest Rogues, and most despicable Villains, may own a thousand Crimes, and often brag of the most abominable Actions; but there is scarce one, who will confess that he has no Courage. Our general Esteem for Valour, which is demonstrable from what I have said, as it is of great Use to a warlike Nation, is very commendable; and Fortitude ought ever to keep its Place amongst the Cardinal Virtues: But the Notions which the Vulgar have of Courage, as well as Honour and Shame, are full of dangerous Errors. Compliments, as well as Reproaches, when ill applied, are often the Causes of great Mischief; and I am persuaded, that the Perverseness of Opinion now reigning amongst us, both in applauding and discommending the Conduct of Criminals in their last Hours, is an accessary Evil, that very much contributes to what is the Subject of our grand Complaint, the Frequency of Executions. To explain my self on this Matter in the clearest Manner I am able, I beg leave to begin with it from the Bottom.
In all living Creatures, that fall under our Senses, we perceive an Instinct of Self-Preservation; and the more sensible they are, the greater Aversion they discover to the Dissolution of their Being. Man, the most perfect of them, sets an inestimable Value on Life, and knows no Fear equal to the Horror he has against Death. This is to be understood only of Man, in the State of Nature, before he has made Reflections on himself, and what he sees of the Creation; but when, after that his Reason demonstrates to him that there must have been a first Cause; that the World is govern'd by an intelligent Being; that himself, a Compound of Soul and Body, is indebted to that Being for all he enjoys, and that there is a strong Probability of a Life after this: When, moreover, he considers himself as incorporated in a Community of vast Numbers, that all together make one Body politick, the Welfare of which he finds universally esteemed, as a Concern superior to all others: When, I say, he finds and reflects on all this, he plainly sees, that the Fear of Death, must, on many Accounts, be prejudicial to the publick Good and common Security, in which he has a Share. It is a Virtue then to conquer it; and if we inspect into the early OEconomy of all Nations, we shall find, that the most powerful Motives made use of to induce Man to lessen this Fear, and moderate the Fondness which Nature has given us of Life, had their Origin from Religion, or a publick Spirit; that is, in other Words, from a Representation of his Duty either to God or his Country. Thus holy Martyrs have suffer'd with Fortitude for their Faith, and, in Confidence of eternal Happiness, hasten'd to Death with Alacrity, and even rejoiced in the Midst of Flames. And thus there have been valiant Men, in all Ages, that have exposed themselves to the greatest Hazards, in Defence of their Laws and Liberties, and, animated by a zealous Love for their Country, sacrific'd their Lives to the publick Welfare. As Men of this Sort have every where deservedly gained the general Applause, and the Virtue they are possess'd of has been honoured by the Name of Courage; so, on the contrary, the Fearful and Pusillanimous, that ever prefer their own Safety to all other Considerations, and are therefore never to be relied upon, are as justly despis'd, and the ignominious Word, by which we reproach the Vice that enslaves them, is Cowardice.
From what has been said it is evident, that the original Reason why Courage is generally esteemed, is, because it is taken for granted, that both the Principle we act from, and the End we labour for in conquering our Fears, are praise-worthy, and have a visible Tendency, either to the Good of others, or our own spiritual Felicity. Nothing, therefore, is more unjust, than that we should continue our Esteem for Valour when it degenerates, and both the Motive Men set out with, and the Scope they aim at, are palpably destructive. Anger, Pride, Envy, and several other Passions, are capable of subduing Fear. But, as these Principles are evil in themselves, so it is impossible that the End to be obtain'd by them should be commendable. What perverse and miserable Judges are we then, that applaud a Person's Intrepidity in fighting a Duel, when in the Act itself, we see him willfully violate the Laws of God and Man? But should human Honour here break in upon me, and my Reasoning, how right soever, be overpower'd by the irresistable Clamour of the fashionable World, what can be said for the senseless Intimidity of a vulgar Rogue, who not only professes an utter Disregard to Honour and Conscience, but has likewise, at his first Setting out, as a Preliminary to his Business, disclaim'd all Pretences to common Honesty? Why should we delight in the Intrepidity, tho' it was real, of a Villain in his Impiety? Why should Christians be pleased to see a great Sinner give up his Ghost impenitent; or imagine that he dies bravely, because he bids Defiance to Heaven, and boldly plunges himself into an Abyss of eternal Misery? Yet nothing is more common amongst us: And the further a Man is removed from Repentance, nay, the more void he seems to be of all Religion, and the less Concern he discovers for Futurity, the more he is admired by our sprightly People: Whereas, he who shews but the least Sorrow for his Sins, or, by his Tears, or Dismality of Gestures, lets us know that he is under Apprehensions of the divine Wrath, is a weak silly Creature, not worth looking at: And he only, in the Opinion of many, dies like a Man, who, in reality, goes off most like a Brute. But some of my Readers, perhaps, will have nothing to do with Christianity. Suppose, then, we lay by that Consideration; I grant, that to subdue the Terrors of Death is a manifest Token of Intrepidity, and promise to pay Homage to true Courage wheresoever I can meet with it; only let us not be imposed upon, but try the Valour of this undaunted Hero, whether it be genuine. No Man can conquer the Fear of Death, but by something superior to it: What is the Power that supports him in the Conflict, and what Principle does he act from? It is not his Innocence, for his Guilt is publick, and his Crimes are proved upon him. It is not Zeal for Religion, nor the Love of his Country: He pretends to neither. Yet it must be some mighty Principle of vast Force and Efficacy; for if he acts consistently, he despises not only Death, but the Wrath of Omnipotence, and a Punishment just at Hand, that shall be everlasting. Will you say that he firmly believes that there is no God, nor Life after this, and that Man is wholly mortal? Suppose it; that's no Support against Death itself: But look narrowly into him, and you will alter your Opinion, even as to that. The Enthusiasm of Atheists has other Symptoms; deplorable as it is, the Appearance of it is more sedate, and they make some Pretences to Reasoning: But what Probability is there, that a poor Rascal, who was brought up in Ignorance, and perhaps cannot read, one who never troubled his Head with thinking, much less with thinking on abstruse Matters, and Metaphysicks, should so far lose himself in the Mazes of Philosophy, as to become a speculative Atheist.
Since, then, we can find no Principle from which it is possible a common Villain should derive his Undauntedness, it is evident that what we see is spurious, and the Bravery we admire only counterfeited, and false at Bottom. The Terror of Death inwardly excruciates him; But his Fear of shewing this, of being called a Coward, and laugh'd at by his Companions, has some Command over his outward Appearance; therefore, (not to be found out,) sometimes he swears or scoffs at Religion; at others he mixes forc'd Laughter with the vilest Language, and trys all the Strength of Brutality to keep down a struggling Conscience, and appear more atheistical and obdurate than, to his Sorrow, he feels himself to be. But his Impudence would soon fail him, and his inexhaustible Stock be but a weak Match for the Agonies he suffers, if he took not Refuge in strong Liquors. These are his only Support, and Drunkenness the Cause of his Intrepidity. Should I be told, that in many of them no Signs are seen either of Fear or Ebriety, it would be of no Force against my Assertion: As great Fear sinks, so hard Drinking raises the Spirits: They are two Enemies, that, when equally match'd, may, by mutual Conflict, easily disarm and hinder the Operations or each other. Let a curious Observer mind the continual Changes of the Prisoner's unsettled Behaviour, the wild Manner of his Actions, and, above all, the greedy Haste, with which he throws down every Thing potable and intoxicating, and he will soon perceive that our Sham-Hero drinks neither with Comfort, nor for Pleasure, and seems to expect no other Benefit from it, than that it may take away his Senses, and hinder him from thinking. Are not they fine Judges, who are imposed upon by such pusillanimous Wretches, that are so far from having conquer'd the Fear of Death, that they go out of the World without having ever dared one Moment soberly to think of it; and of whom it can only be said, that they died hard and unmov'd, because they were senseless, and with the Courage of a Stone suffer'd themselves, without Thought, to drop into Eternity?
The Mischief that these Patterns of Impenitence, together with the Applause that is given them, must produce in a vast and opulent City, will appear from the following Consideration. It is necessary to the publick Peace and Security, that Burglary, Robbing in the Streets, or on the Highway, and all those Crimes where Violence is mix'd with Injustice, should be capitally punish'd: But considering on the one hand, how much more prone Men are to Ease and Pleasure, than they are to Industry and Labour; and, on the other, the Generality of human Wants, and the unequal Distributions of Fortune to supply them, it must be acknowledg'd, that where Men are without Shame and Education, and consequently not affected with the Ties either of Honour or Religion, Poverty itself is a strong Temptation to Thieving, when Opportunities offer. The greatest Charity, therefore, and Compassion we can shew to our Fellow-Creatures, is an extraordinary Severity, and never-ceasing Watchfulness in a Government against the first Approaches of Dishonesty. It is with this View that the Provision of the Legislature, that such Offenders should be punish'd with Death, is to be vindicated; tho' the Punishment is greater than the Laws, framed by God himself for the Jewish Commonwealth, inflicted; or what natural Justice, proportioning the Punishment to the Crime, seems to require: For it is not the Death of those poor Souls that is chiefly aim'd at in Executions, but the Terror we would have it strike in others of the same loose Principles: And, for the same Reason, these Executions are little better than Barbarity, and sporting away the Lives of the indigent Vulgar, if those valuable Sacrifices we are obliged to make to the publick Safety, are render'd insignificant. If no Remedy can be found for these Evils, it would be better that Malefactors should be put to Death in private; for our publick Executions are become Decoys, that draw in the Necessitous, and, in effect, as cruel as frequent Pardons; instead of giving Warning, they are examplary the wrong Way, and encourage where they should deter. The small Concern, and seeming Indolence of the Condemn'd, harden the Profligates that behold them, and confirm to them, by ocular Demonstration, what they encourage one another with in viler Language, (low, as it is, permit me to mention it,) That there is nothing in being hang'd, but awry Neck, and a wet pair of Breeches.
Of Regulations concerning Felons in Prison, and the good Effects to be expected from them. |
What has been said in the foregoing Chapters, in relation to common Felons, has pointed at the evil Customs, Mismanagements, and perverse Opinions, that prevail amongst us. I shall now conclude what I proposed to publish on this Subject with offering some Proposals towards a better Usage of them in Prison; and the good Effect such Alterations, in all Probability, would produce. All which, without Arrogance or Presumption, I submit to better Judgment.
First, I would have every one of the Malefactors lock'd up by himself; and they should never be suffer'd to converse together. It would not be a very great Expence (where Chimneys, convenient Windows, Order, and Beauty would be out of the Question:) to build an hundred small Rooms, perhaps, of twelve Foot Square, that would be strong, beyond the Possibility of being forced by naked Hands; and, to prevent all Hopes of breaking Goal, I would have it a Custom made, to search, suspected or not, all Prisoners, and the Places they are in, every Night before Bed-time. The Rooms I speak of, I would rather have obscure, than otherwise; and the small Light they had, far beyond Reach. They, should all have such Conveniences, that those, who were shut up in them, should, during their Stay, have no Occasion to stir out of them on any Account. Thus we might secure Prisoners, without galling them with Irons, before we are sure that they deserve to be punish'd at all.
Secondly, I would have a Law made, to fix a certain number of Days, after which the Condemned should not have the Benefit of Pardons or Reprieves, tho' they might be obtain'd. This Time elaps'd, they should have one Day to bid farewell to Friends and Relations: After which, they should have three times four and twenty Hours allow'd them, for no other Purpose, than to make their Peace with Heaven, and prepare themselves for Death. During this time, they should be inaccessible to all but a sober Keeper, to take Care of them, and a Clergyman, to assist them in Spirituals. And here I beg leave to observe, that Men of Reputation, who live in Credit, and by their Learning, or exemplary Lives, have acquired the Publick Esteem, are fitter for this Task, than others of small Parts, and no Repute; that, labouring under narrow Circumstances, for a poor Salary, and some miserable Perquisites, take upon them this weighty Province, as a Livelihood and Business, to be constantly follow'd. The more Respect and Reverence are paid to Divines, and the higher their Dignity is, the greater Opportunity they have of making themselves serviceable in every Branch of their Function, but more especially that Part of it now under Consideration. In other Protestant Countries, beyond Sea, the Ministers of the National Church perform this Office, either by Turns, or as the Criminal, and sometimes the Magistrate, desire it. In most Employments Use makes Perfectness, but here it incapacitates: and was a Man, even of the greatest Prudence and Watchfulness over himself, always to converse with Rogues, and do nothing else but instruct and attend Malefactors in their last Hours, the very Habit he would contract from it, would spoil him for that Purpose: And it is impossible, but constant Practice wou'd, in a little Time, wear out, or at least take off the greatest Part of that Earnestness and Concern, which ought to be inseparable from the Charge I speak of.
The greater Provision we made for the Souls and future Happiness of these short-liv'd Sinners, the less Indulgence we should have for their Bodies and sensual Appetites: And I would have it strictly observed, that from the Moment their Death was fixed, 'till their Execution, they should receive nothing for Sustenance but Bread and Water; and of either what they would. I would, moreover, have it enacted, That every Year a certain number of dead Bodies, not under six, should be allowed to Physicians and Surgeons, for Anatomical Uses, not to be made choice of till after Death, in such a Manner, that no Felon could be sure this would not be his Lot.
If they should complain, that the miserable Diet they were confined to, was a Severity that disturbed their Thoughts, and hinder'd their Devotion, it would be a Sign, that their Minds were not yet turned the right Way: But this Grievance, a short Time and Necessity will never fail to cure. The harsher that Article may seem, the more Efficacy it would be of, in deterring Rogues from Mischief: For I do not doubt but most of them would look upon the wholsome Regulations in Prison here mentioned, as the most considerable Part of the Punishment they were to suffer; though, I confess, that what I have in View by this low Diet, chiefly regards the eternal Welfare of those unhappy People, as it would be instrumental to an early Repentance. When, free from Fumes of Food, and all intoxicating Comforts, the serious Thoughts of a Criminal shall be obliged to dwell upon his wretched Self, and behold the Prospect of a future State so near, so certainly to come, the loosest and most abandon'd will be brought to Reason. Death being unavoidable, and nothing upon Earth to save him, Self-defence will make him turn his Eyes elsewhere: His continued Abstinence will help to clear his Understanding; then searching after Truth, he will be soon convinced of the Folly and Weakness of those Arguments, by which he had been used to harden his Conscience, keep out Remorse, and fortify his Steadiness in Guilt.
When a Man thus wean'd from the World, and all the Hopes of Life, should be drawn forth from his dark and solitary Dungeon, once more enjoy the open Air, and see himself exposed to gazing Multitudes, there met on purpose to feed their Curiosity at his Expence; when the Paleness of his Countenance, and the Shaking of every Limb, should, without Disguise, reveal the Motions of his Heart; and his Spirits neither confounded, nor buoy'd up by inebriating Liquors, should discover their real Condition and Incapacity to uphold their trembling Tenement; the Spectacle would be awful, and strike the Hearts of the Beholders: When seated on the ignominious Cart, by his restless Posture, the Distortion of his Features, and the continual wringing of his Hands, he should disclose his Woe within, and the utmost depth of Sorrow: When we should hear his shrill Cries and sad Complaints interrupted with bitter Sobs and anxious Groans, and now and then, at sudden Starts, see Floods of Tears gushing from his distracted Eyes, how thoroughly would the Concurrence of so many strong Evidences convince us of the Pangs, the amazing Horror, and unspeakable Agonies of his excruciated Soul!
Common Stubbornness and Stupidity could not be Proof against all this; and the Licentious Rabble of both Sexes, that make now the most considerable part of those dismal Processions, would not attend in such tumultuous Crowds. Few Profligates would be able to stand the Shock of Sounds and Actions so really tragical: Many would run away for fear of rouzing the Lion kept chain'd within, and waking a guilty Conscience from the Lethargy they have thrown it in with so much Labour. They would not follow long to behold a Scene so little to their Purpose; and whatever Multitudes of them might set out with these Penitents, they would drop off, and dwindle away by Degrees; even the most obdurate would sicken at such a Sight, and turning from it to less displeasing Objects, seek after more suitable Diversions. The Absence of so many Rake-hells, that only take delight in Mischief, would render these Tragedies more solemn, and, at the same Time, make room for Spectators of a better Sort, and lesser Sinners, on whom, in all Probability, they would have a more desirable Effect. It is not to be express'd, what lasting and useful Impressions such Shews would make: Many that are conscious of their Frailty, and the small Power they have of conquering their Passions, would take an Opportunity from them of adoring the divine Mercy, for having preserved them hitherto from falling into such Crimes; even the Voluptuous, that in the Enjoyment of Youth and Vigour, are enamour'd with Life for the sake of Pleasure, would be startled at them, and thank God that this was not their Case; and several by the Fear of Death only, become more serious and reflecting.
Thus much we should gain, at least, in Behalf of Religion, from every Execution, even of the most sorry Felons, who, void of Sense and Goodness, only grieve because they are to die, and go they know not where: But it is more than probable, that some of them would become good Christians, and make exemplary Ends. When the Condemn'd should, in every Respect, receive the Treatment I have requir'd, and by this Means, undisturb'd by earthly Cares, have Leisure, in sober Sadness, to review their past Life, and examine into the Multitude, as well as Enormity of their Offences; then, after thorough Contrition, and an open Confession in Behalf of Justice, animated by Faith, betake to constant Prayer; we ought to believe that thus exerting themselves in the Work of Salvation, by the good Guidance of able Divines, and their own unwearied Endeavours, many of them would find Favour in the Sight of the Almighty; and that several, even as they went to Death, would be regenerated, and comforted from above with a strong Assurance of Forgiveness. What a visible Alteration would it not make in them, when they should perceive their Spirits, that the Moment before were overwhelm'd with Grief, or fill'd with black Despair, cherish'd and enlighten'd by the powerful Beams of heavenly Grace and Clemency: Transported with the Prospect of approaching Bliss they then would wish to die, and rejoice that they should be made Examples to frighten Evil-doers from their Ways.
But when they should consider, what Acts of Devotion and unfeigned Piety, what Works of superlative Charity would be necessary, if they were to live, to atone for the heinous Crimes and manifold Transgressions they had been guilty of against God and their Neighbour, how would it rouze their Souls, and how eager would it not render them, in the most profitable Manner, to spend the small Remains of Life! Sometimes they would deter the wicked and in the same Breath solicite Heaven for their Conversion: At others, reasoning from the Changes they had experienced within, they would combat Impiety with Vehemence, and conjure Unbelievers no longer to doubt of an everlasting Futurity: They would paint to them, in the strongest Colours, the Horrors they had felt from an accusing Conscience, and the Abyss of Misery they had been plunged in, whilst yet labouring under the dire Reflection on eternal Vengeance; And thus, mixing fervent Prayers with strenuous Exhortation, they would employ the few Moments, that were left them, in Exercises intirely spiritual and holy.
How such Conversions would affect the Minds of all that saw or heard them, cannot be better imagin'd than by examining our selves. When we had seen an half-starv'd Wretch, that look'd like Death, come shivering from his Prison, and hardly able to speak or stand, get with Difficulty on the slow uncomfortable Carriage; where, at the first Rumbling of it, he should begin to weep, and as he went, dissolve in Tears, and lose himself in incoherent Lamentations, it would move us to Compassion. But with what Astonishment would it not fill us, to behold the same Creature, near the fatal Tree, become lively, glow with Zeal, and, in Strength of Voice and Action, excell the most vigorous Preachers! All this we might expect; and that those of Wit and Genius, as certainly there are among them, would often light on new and convincing Arguments to warn the Sinner: Nay, some of them prove stupendious Orators, that would not only spread Amazement all around them, but likewise find uncommon Ways to reach the Heart with Violence, and force Repentance on their Hearers. It is Stupidity to doubt the vast Use such Executions would be of, to compass Happiness both here and hereafter; and should we regard the first only, it would be no Exaggeration to assert, that one of them would be more serviceable to the Peace and Security of this immense City, than a thousand of those that are now so frequent among us.